02 November 2011

EU - Poland loses case on PSI Directive

Case C362/10 - The Court of Justice of the EU confirmed that Poland failed to transpose the PSI Directive correctly. The Court agreed with the Commission in regards of all grievances. In particular, the Court stated that persons who would like to re-use PSI should know in which circumstances they can rely on respect of conditions of re-use established by the PSI Directive. According to the Court a national regulation on access to documents is not, by itself, susceptible of transposing the provisions of the Directive with the clarity necessary to satisfy the requirements of legal security and enabling persons who would like to re-use public documents to know all their rights. The Court also stated that a fact that a certain activity is not exercised in a Member State does not dispense that Member State from transposing all the provision of a directive. Such obligation lies on all Members States in order to prevent any possible modifications and to guarantee that everyone in the EU, also in those Member States who don't exercise certain activities, know with clarity and precision and in all circumstances the full scope of their rights and obligations. The full text of the judgement.